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Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: Yes.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: At that point, that is what we believed it would be. It has since been clarified to me that we can only change news periodicals if we move all periodicals at the same time. That cost would be €9 million to €15 million more.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: The term "newspaper" is not defined in Irish or European VAT legislation. It is given an ordinary meaning, which is widely understood, as a publication that is published periodically to report on local, national and international news and current affairs. I think the Deputy asked me about e-newspapers. That is not defined in Irish or European VAT legislation, but it is understood as a...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: Yes.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: I am reluctant to have a debate about a particular publication. I am advised that Phoenixis not seen as a newspaper. Therefore, if it were in electronic format, it would not benefit from this.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: I believe there is a difference between a Sunday version of a publication that appears throughout the week and a publication that appears once a week-----

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: -----even though I am reluctant to be talking about individual publications, as the Deputy also is.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: The Revenue will need to make an interpretation of the law. What is a periodical and what is a newspaper is not defined in VAT legislation. I have attempted to explain the difference. It may refer to the regularity of publication. It may refer to whether it is seen to be a newspaper or a magazine. I accept there is a change between this and what was contained in the budget day...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: That is a reasonable request. If the Deputy wants, we could go into private session.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: Deputy Doherty has made a reasonable request, which we are happy to meet.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: I thank the Deputy. The VAT rating of goods and services is subject to the requirements of EU VAT law with which our law must comply. Following an agreement finalised earlier this year, the VAT directive now permits each member state to apply a zero rate to seven categories within annex III. These are categories one to six as well as category 10(c). These categories for a zero rate do not...

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: That is correct.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: Yes, they would have been applying it up to this point but it has only happened in a limited number of cases.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: I have not been notified of that but I have checked with my colleagues and we are not aware of this as a behaviour. Obviously if Deputy Doherty has a concern about it and has an example, we will be happy to have a look at it.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: The Revenue Commissioners inform me that in their opinion it would apply in a forward-funding arrangement.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: According to what my colleague is telling me, the agreement would be treated as conveyance but I will share a note with Deputy Doherty on the matter because while I have no doubt that the answer I am getting here is correct, it is quite technical and I do not wish to mislead the Deputy.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: I will send a note on it before Report Stage.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: Of course.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: I am advised that Irish companies would not be able to access American capital markets if we were to apply stamp duty in these circumstances.

Select Committee on Finance, Public Expenditure and Reform, and Taoiseach: Business of Select Committee (16 Nov 2022)

Paschal Donohoe: This is not going to make a material change in shares that are captured. If Deputy Doherty wants a list of what share transactions will still be captured as a result of this, I am happy to send it on to him. The purpose of this section is to make two technical changes in regard to the operation of the CREST system and there are more substantive amendments included in regard to electronic...

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